Terms of Use

The Beam Terms of Use

Last Updated December 9, 2024

Welcome to The Beam! These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile apps, technologies, software, content, data and other products and services (collectively, the “Services”) provided by The Beam Group, LLC (“The Beam,” “we,” “us,” or “our”).  The Beam’s mission is to unite the world of music, in a professional community, and therefore we need to establish some rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Your Access to the Services

You must be the age of majority in your state of residence to use or access the Services; in many states the age of majority is 18. If you are accepting these Terms on behalf of another legal entity, including a business, you represent that you have full legal authority to bind such entity to these Terms.  You must have received an invitation to join the Services.  Our Services are intended for access from and use in the U.S.A.

2. Privacy

The Beam’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.

3. Your Use of the Services

Subject to your complete and ongoing compliance with these Terms, The Beam grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement: (i) license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services; or (iii) access the Services in order to build a similar or competitive website, product, or service.

We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

We personalize your experience on the Services based on a variety of factors, including your activity on the Services, your connections, companies/artists you follow on the Service, and preferences you’ve identified in your settings. Based on these and other factors, we may make recommendations to make your experience on The Beam more relevant. 

4. Your Account and Account Security

To use certain features of our Services, you may be required to create an account (“Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy.  Your Account information must be correct, truthful, current, and complete at all times.  You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account. You will not license, sell, or transfer your Account without our prior written approval.

5. Your Content

The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials, including content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant The Beam the following license to use that Content:

• When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, publicly perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
• Any ideas, suggestions, and feedback about The Beam or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete, modify, demonetize, or remove Your Content, at any time and for any reason, including for violating these Terms, our Community Guidelines, or our other terms and policies, or if you otherwise create or are likely to create liability for us.

Our Services allow messaging and sharing of information in many ways, such as your profile, audio tracks, videos, gig posts, job postings, messages and notifications. Your Content may be seen by other members. Where we have made settings available, we will honor the choices you make about who can see Your Content (e.g., message content to your addressess).

6. Third-Party Content, Services & Events

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Beam may help connect users offering their services (musicians, lighting, recording, publicity, etc. .) with users seeking services. The Beam does not perform nor employs individuals to perform these services. You acknowledge that The Beam does not supervise, direct, control or monitor users in the performance of these services and agree that (i) The Beam is not responsible for the offering, performance or procurement of these services, (ii) The Beam does not endorse any particular user’s offered services, and (iii) nothing shall create an employment, agency, or joint venture relationship between The Beam and any user offering services. If you are a user offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Community Guidelines.

Similarly, The Beam may help you register for and/or attend events organized by users and connect with other users who are attendees at such events. You agree that (a) The Beam is not responsible for the conduct of any of the users or other attendees at such events, (b) The Beam does not endorse any particular event listed on our Services, and (c) The Beam does not review and/or vet any of the events.

7. Things You Cannot Do

When using or accessing the Services, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Community Guidelines, which is incorporated by this reference into, and made a part of, these Terms and contain our rules about prohibited content and conduct. In addition to what is prohibited in the Community Guidelines, you may not do any of the following:

• Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services;
• Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
• Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
• Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;
• Access, search, or collect data from the Services by any means (automated or otherwise) including by means of scraping, data mining, robots or other forms of extraction; 
• Use the Services in any manner that we reasonably believe to be an abuse of or fraud on The Beam or any payment system; or
• Decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software in our Services into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software.

We encourage you to report content or conduct that you believe violates these Terms or our Community Guidelines.

8. Copyright, Trademark, the DMCA, and Takedowns

The Beam respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, please send the following information to us at the contact listed below: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim is being infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Services; (iv) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

9. Paid Services

There are no fees for certain aspects of the Services. However, some services, features, and products may be available for purchase (“Paid Services”). In addition to these Terms, the Paid Services Terms also applies to Paid Services. By purchasing or using Paid Services, you further agree to the Paid Services Terms.

10. SMS Messaging Terms

By providing your phone number and opting into SMS communications, you expressly consent to receive text messages (SMS) from The Beam. These messages may include:

• Promotional messages (e.g., special offers, updates, and events).
• Transactional messages (e.g., account notifications, security alerts, and service updates).

Opt-In & Consent

By signing up for The Beam and providing your phone number, you:

1. Consent to receive recurring SMS messages from The Beam.
2. Understand that message and data rates may apply.
3. Confirm that you are 13 years of age or older (or the required legal age in your jurisdiction).

Opt-Out & Support

• You may opt out of promotional SMS messages at any time by replying STOP to any message.
• For help, reply HELP or contact us at [email protected].
• Opting out of promotional messages does not affect transactional or account-related SMS communications (e.g., security alerts).

User Responsibilities

• You confirm that you are the owner or authorized user of the mobile number provided.
• If your number changes, you must update your account information to avoid unauthorized messages.
• The Beam is not responsible for SMS messages sent to phone numbers that have been reassigned.

Changes & Updates

We may modify or terminate SMS services at any time. Continued use of The Beam’s services after changes to these terms constitutes your acceptance of the revised terms.

11.  Rewards Program, Contests & Sweepstakes

Certain aspects of the Services may offer rewards, points, third party offers, and awards (“Rewards Program”).  In addition to these Terms, the Rewards Program Terms also applies to any Rewards Program.  By participating in the Rewards Program, you further agree to the Rewards Program Terms.

12. Intellectual Property

The Services are owned and operated by The Beam. The visual interfaces, graphics, design, compilation, information, data, charts, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Services are the property of The Beam or its third-party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Paid Services. We reserve all rights to the Materials not granted expressly in these Terms.

13. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold The Beam, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Beam Entities”) harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

14. Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BEAM ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. THE BEAM DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE THE BEAM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL ANY OF THE BEAM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BEAM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID THE BEAM IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE BEAM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

15. Governing Law 

If you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here.  To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of New York, without regard to its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York, New York, and you and we consent to personal jurisdiction in these courts.

16. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

17. Additional Terms

Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by us (collectively, “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms, and to the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Services.

• If you use the Services, you must agree to the Community Guidelines.
• If you use any Paid Services, you must also agree to the Paid Services Terms.
• If you participate in any Rewards Program, you must also agree to the Rewards Program Terms.

18. Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

To the fullest extent permitted by applicable law, we may suspend or terminate your Account, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Community Guidelines.

The following sections will survive any termination of these Terms or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 12 (Indemnity), 13 (Disclaimers and Limitation of Liability), 14 (Governing Law and Venue), 17 (Termination), and 18 (Miscellaneous).

19. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

If you have any questions about these Terms, please contact us: